Whenever you lawfully visit a private property in the Redondo Beach area, the property owner has a duty to you to ensure you do not face unreasonable danger while on the premises. Every property owner, including both homeowners and commercial property owners, must ensure their properties are not dangerous for lawful visitors. This extends to those a property owner invites onto their property for their own reasons, like friends and relatives, and those visiting the property for their own reasons, such as salespeople and utility workers.
If you recently suffered an injury on someone else’s property while legally present on the premises, you could have grounds for a premises liability claim against the property owner. When they recognize a safety hazard, the property owner has a duty to fix the problem immediately, mark the area so visitors are likely to notice it, and/or warn visitors of the hazard if they are likely to encounter it. If a property owner breaches this duty of care, the injured victim has the right to pursue a premises liability claim.
Why Hire an Attorney?
Premises liability law falls under the purview of personal injury law, and legal representation will make your legal proceedings much smoother and more productive. When you hire a Redondo Beach premises liability attorney from McLachlan Law, APC, you can rest assured that you will have a dedicated legal advocate attending to every aspect of your case. Our goal is to help you achieve maximum recovery from your premises liability claim and hold negligent property owners accountable for the mismanagement of their properties.
Your Redondo Beach premises liability lawyer will handle your procedural obligations with the court, such as filing paperwork and arranging court appearances, if necessary. Your representative will also help you gather all of the documentation you will require to prove the full extent of your losses. If you attempt to represent your own case without an attorney, you risk making procedural errors that could lead to your claim being thrown out, or you might overlook potential channels of compensation.
It’s not uncommon for premises liability claims to involve substantial damages, so hiring reliable legal representation is essentially an investment in peace of mind as you work toward maximizing your recovery. The team at McLachlan, Law APC has the skill and experience to help you reach a successful conclusion to your personal injury claim in Redondo Beach.
Criteria for a Premises Liability Claim
Just like any other personal injury claim, a premises liability claim requires a plaintiff to identify a defendant and prove the defendant was negligent. They must also prove their negligence directly caused the plaintiff’s damages. In a premise liability claim, the duty of care in question is the property owner’s responsibility to ensure reasonably safe premises for lawful visitors.
The distinction of “lawful” visitors is an important one; property owners have no obligation to prevent injuries to intruders and trespassers. If an individual intrudes or trespasses within private property and sustains an injury that would otherwise be grounds for a premises liability claim, they may not pursue legal action for premises liability.
The plaintiff of a premises liability claim must also prove the extent of their damages to pursue a premises liability claim. As with all personal injury claims, the plaintiff may only claim compensation for a defendant’s negligence if their negligence caused measurable losses. California state law allows premises liability plaintiffs to claim compensation for all of the damages typically claimed in most personal injury cases, such as:
- Medical expenses, which include all the medical costs the plaintiff incurred from their injuries, such as hospital bills and long-term rehabilitation costs.
- Lost income. If the plaintiff’s injuries forced them to miss work, they can claim income lost during this time as well as lost future income if they are left unable to work.
- Pain and suffering. California state law permits plaintiffs to claim compensation for physical pain and mental anguish resulting from a premises liability injury.
- Property losses. If a premises liability issue also involves damage to the plaintiff’s personal property, they may claim the costs of repairing or replacing those items in the lawsuit.
Depending on the severity of the plaintiff’s damages, a premises liability claim could potentially lead to substantial economic recovery. Your Redondo Beach premises liability attorney can help you proceed with your legal action while you focus on your recovery. At McLachlan Law, APC, we strive to maximize our client’s compensation in every case we take.
While some personal injury cases can involve complex questions concerning liability for claimed damages, premises liability cases tend to be more straightforward in this regard. Whenever an individual suffers an injury on private property while lawfully present on that property, the property owner absorbs liability for the injury. However, if the property owner can prove they took reasonable precautions against injuries to visitors and argues that the plaintiff is responsible for their damages, California’s pure comparative negligence statute may come into play.
This statute allows a plaintiff who is partially to blame for their claimed damages to still receive compensation less a percentage of their case award to reflect their fault. For example, if a property owner placed a warning sign about a known hazard, but the plaintiff ignored the sign, the plaintiff will likely absorb liability for their damages under the pure comparative negligence statute.
Hire Legal Counsel as Soon as Possible
California provides a two-year statute of limitations for filing premises liability claims against private property owners. In the event you suffered a premises liability injury on government property, pursuing compensation will be much more difficult, and the government agency responsible for your damages may have sovereign immunity from civil litigation. Working with an experienced Redondo Beach premises liability lawyer as soon as possible after your accident provides the best chances of success with your claim, no matter where your accident occurred.
Contact McLachlan Law, APC today to learn more about premises liability claims in California and find out how our team can help with your own claim. If you are ready to meet with a Redondo Beach premises liability attorney, reach out as soon as possible to start working toward your recovery.